In a press release, Nelson described his resolution is an alternative to the repeal vote. 

“Nelson’s resolution offers an alternative course following the Senate vote as scheduled at 5 p.m. today on whether to repeal the law,” the press release reads. “Nelson’s legislation asks the Senate to approve a resolution calling on the High Court to act quickly, because the lower courts have split over whether the law is constitutional.”

Two courts have ruled against the healthcare law's mandate, while two others have said the law is constitutional.

The press release also said Nelson believes the Senate vote is “largely symbolic” and the real decider will be the Supreme Court. Nelson has stated that he does not support repeal but he does favor modifying it.


“I think we ought to take a commonsense approach to this resolution and I would urge my colleagues to approve it,” Nelson said on the Senate floor.

Last month the GOP-controlled House voted to repeal the law, but the vote is expected to fail in the Senate.

Earlier this week a federal judge in Florida ruled that the so-called individual mandate in the healthcare law is unconstitutional.